Natelson Rob Archives - Independence Institute

The new ERA campaign: constitutional malware 0
- February 12, 2020
The incentives behind the campaign are obvious. The ERA is poorly drafted and vague (which is why it was rejected). If it became part of the Constitution, the result would be legal chaos. Activists know they would be able to feed off that chaos . . . .
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Dershowitz was correct: Impeachment does require criminal-type conduct 0
- February 2, 2020
The [Founding Era] legal materials show that the constitutional phrase “Treason, Bribery, and other high Crimes and Misdemeanors” generally does require serious criminal conduct. It follows that the articles of impeachment against President Trump are legally defective and must be dismissed.
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The Mayflower Compact and “consent of the governed” are now 400 years old 0
- January 29, 2020
Self-government is at the heart of the American experiment. Historically, it is far more important than some other institutions (such as slavery) that [receive] more attention . . . . .
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How much power may Congress delegate to federal agencies?0
- January 28, 2020
[T]he search for a single “non-delegation” principle applicable to all congressional powers is a futile one. Instead, the scope of permissible delegation of any particular congressional power must be sought in the meaning of the words describing that power.
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Rob Natelson’s Comment on Jon Caldara and the Denver Post 0
- January 23, 2020
Newsflash for woke “journalists:” Conservatives and libertarians, like others, are entitled speak in their own voices. Not in yours or anyone else’s.
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Will the Supreme Court strike down bigoted state constitutional rules?0
- January 12, 2020
[T]he history of anti-sectarian clauses shows that “sectarian” is not a synonym for “religious” and anti-sectarian clauses were not designed merely to discriminate against religion. Instead, they were designed to discriminate in favor of some religions and against others.
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